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Legislation #: 030761 Introduction Date: 7/3/2003
Type: Ordinance Effective Date: 8/10/2003
Sponsor: COUNCILMEMBER COOPER AND COUNCILMEMBER FAIRFIELD
Title: Approving an amendment to a previously approved community unit project plan in District R-1b (One-Family Dwellings) on approximately a 153 acre tract of land generally located at the southwest corner of N. Cosby Avenue (N.W. 62nd Terrace) and 45 Highway (N.W. 64th Street), by removing an approximately 21 acre tract of land from said community unit project plan. (5857-CUP-14)

Legislation History
DateMinutesDescription
7/2/2003

Prepare to Introduce

7/3/2003

Referred Planning, Zoning & Economic Development Committee

7/30/2003

Advance and Do Pass as a Committee Substitute

7/31/2003

Passed as Substituted


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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 030761

 

Approving an amendment to a previously approved community unit project plan in District R-1b (One-Family Dwellings) on approximately a 153 acre tract of land generally located at the southwest corner of N. Cosby Avenue (N.W. 62nd Terrace) and 45 Highway (N.W. 64th Street), by removing an approximately 21 acre tract of land from said community unit project plan. (5857-CUP-14)

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That an amendment to a previously approved preliminary plan in District R-1b (One-Family Dwellings) on approximately a 153 acre tract of land generally located at the southwest corner of N. Cosby Avenue (N.W. 62nd Terrace) and 45 Highway (N.W. 64th Street), and more specifically described as follows:

 

A tract of land in Sections 30 and 31, Township 51, Range 33, Kansas City, Platte County, Missouri, being bounded and described as follows: Beginning at a point on the south line of the Northeast Quarter of said Section 30, said point being 692.97 feet east of the southwest corner of the Northeast Quarter of said Section 30; thence South 89E00'47" East, along said south line, 622.77 feet to a point on the west line of Hills of Walden 5th Plat, a subdivision of land in Kansas City, Platte County, Missouri, according to the recorded plat thereof, being also the northeast corner of the West One-Half of the Southeast Quarter of said Section 30; thence South 0E29'23" West, along the east line of the West One-Half of said Southeast Quarter, 2480.07 feet; thence North 89E14'30" West, 145.00 feet; thence South 0E29'23" West, 284.40 feet to a point on the northerly right of way line of N.W. 56th Street, as now established; thence along the meanderings of said right of way line, North 63E53'58" West, 100.01 feet; thence westerly, on a curve to the left, tangent to the last described course, having a radius of 258.37 feet, an arc distance of 90.00 feet; thence North 83E51'28" West, tangent to the last described curve, 91.82 feet; thence southwesterly on a curve to the left, tangent to the last described course, having a radius of 130.78 feet, an arc distance of 63.42 feet; thence South 68E21'32" West, tangent to the last described curve, 174.07 feet; thence westerly on a curve to the right, tangent to the last described course, having a radius of 193.18 feet, an arc distance of 90.50 feet; thence North 84E47'58" West, tangent to the last described curve, 135.47 feet; thence westerly on a curve to the left, tangent to the last described course, having a radius of 916.50 feet, an are distance of 141.12 feet to a point in an existing creek; thence along the meanderings of said creek North 16E35'07" East, 188.74 feet; thence North 85E26'30" East, 161.05 feet; thence North 17E38'50" West, 146.28 feet; thence North 32E02'10" East, 100.00 feet; thence North 12E13'50" East, 97.72 feet; thence North 54E38'06" East, 110.20 feet; thence South 32E55'10" East, 161.38 feet; thence North 31E17'50" East, 95.62 feet; thence North 73E13'00" East, 213.30 feet; thence North 18E52'00" West, 96.00 feet; thence North 76E12'40" East, 96.00 feet; thence North 27E15'30" West, 123.55 feet; thence North 28E08'10" East, 82.68 feet; thence North 81E58'50" West, 98.70 feet; thence North 33E44'50" West, 231.78 feet; thence South


3E11'30" East, 97.45 feet; thence North 9E37'30" West, 240.74 feet; thence North 82E36'30" West, 209.01 feet; thence North 20E28'25" West, 167.73 feet; thence North 89E07'39" West, 676.78 feet to the southwest corner of the Northwest Quarter of the Southeast Quarter of said Section 30; thence North 89E14'12" West, 392.80 feet; thence North 0E25'46" East, 1315.27 feet to a point on the north line of the Southwest Quarter of said Section 30; thence North 89E13'21" West, along the north line of said Southwest Quarter, 913.39 feet to the southwest corner of the East One-Half of the Northwest Quarter of said Section 30; thence North 1E00'26" East, along the west line of the East One-Half of said Northwest Quarter, 2078.04 feet; thence easterly on a curve to the right, having a radius of 575.00 feet and whose initial tangent bearing is North 63E24'32 East, an arc distance of 430.78 feet; thence southeasterly on a curve to the right, having a common tangent with the last described curve, a radius of 410.00 feet, an arc distance of 302.33 feet; thence South 31E25'00" East, tangent to the last described curve, 177.00 feet; thence southeasterly on a curve to the left, tangent to the last described course, having a radius of 480.00 feet, an arc distance of 422.37 feet; thence South 82E00'00" East, tangent to the last described curve, 89.00 feet; thence northeasterly on a curve to the left, tangent to the last described course, having a radius of 620.00 feet, an arc distance of 725.01 feet; thence North 31E00'00" East, tangent to the last described curve, 270.00 feet; thence northeasterly on a curve to the right, tangent to the last described course, having a radius of 460.00 feet, an arc distance of 131.13 feet; thence North 47E20'00" East, tangent to the last described curve, 175.00 feet; thence northeasterly, on a curve to the left, tangent to the last described course, having a radius of 340.00 feet, an arc distance of 171.37 feet to a point on the south right of way line of Missouri State Highway Route 45, (also known as N.W. 64th Street), as now established; thence South 89E54'26" East, along said south line, 197.62 feet; thence South 29E00'43" West, 156.10 feet; thence South 37E00'43" West, 198.00 feet; thence South 35E30'43" West, 290.40 feet; thence South 4E30'43" West, 330.00 feet; thence South 9E29'17" East, 165.00 feet; thence South 36E30'43" West, 869.84 feet; thence South 45E29'17" East, 792.00 feet; thence South 39E42'53" West, 245.51 feet to the point of beginning. Containing 152.51 acres, (6,643,381 square feet) , more or less. Subject to any and all easements and restrictions of record.

 

for the purpose of deleting therefrom an approximately 21 acre tract of land, more specifically described as follows:

 

All that part of the East Half of the Northwest Quarter and the West Half of the Northeast Quarter of Section 30, Township 51, Range 33 in Kansas City, Platte County, Missouri, more particularly described as follows: Commencing at the northwest corner of the East Half of the Northwest Quarter of said Section 30; thence South 1E00'26" West along the westerly line thereof, a distance of 553.86 feet, to the true point of beginning of subject tract; thence continuing South 1E00'26" West, along said westerly line, a distance of 853.19 feet; thence South 89E03'08" East, a distance of 206.26 feet; thence South 87E40'59" East, a distance of 1050.30 feet; thence South 88E43'27" East, a distance of 60 feet; thence North 1E16'33" East, a distance of 141.81 feet; thence northerly and northeasterly, along a curve to the right, tangent to the last described course, having a radius of 250 feet and a central angle of 68E26'18", an arc length of 298.62 feet; thence northeasterly, along a curve to the left, tangent to the last described curve, having a radius of 605 feet and a central angle of 38E41'09", an arc length of 408.49 feet; thence North 31E01'42" East, tangent to the last described curve, a distance of 192.31 feet; thence northeasterly along a curve to the right, tangent to the last described course, having a radius of 504.96 feet and a central angle of 17E03'09", an arc length of 150.29 feet; thence North 48E04'51" East, tangent to the last described curve, a distance of 260.13 feet; thence North 41E55'09" West, a distance of 50.45 feet; thence South 48E04'51" West, a distance of 123.76 feet; thence southwesterly along a curve to the left, tangent to the last described course, having a radius of 1000 feet and a central angle of 17E03'09", an arc length of 297.62 feet; thence South 31E01'42" West, tangent to the last described curve, a distance of 192.31 feet; thence southwesterly and westerly along a curve to the right, tangent to the last described course, having a radius of 575 feet and a central angle of 67E27'05", an arc distance of 676.92 feet; thence North 81E31'13" West, tangent to the last described curve, a distance of 88.71 feet; thence northwesterly along a curve to the right, tangent to the last described course, having a radius of 480 feet and a central angle of 50E06'13", an arc distance of 419.75 feet; thence North 31E25'00" West, tangent to the last described curve, a distance of 177 feet; thence northwesterly and westerly along a curve to the left, tangent to the last described course, having a radius of 410 feet and a central angle of 42E14'58", an arc distance of 302.33 feet; thence westerly and southwesterly, along a curve to the left, tangent to the last described curve, having a radius of 575 feet and a central angle of 42E55'30", an arc distance of 430.78 feet, to the true point of beginning of subject tract, containing 21.147 acres, (921,164 square feet), more or less.

 

so that the remaining tract of land of approximately 132 acres, more specifically described as follows:

 

A tract of land in Sections 30 and 31, Township 51, Range 33, Kansas City, Platte County, Missouri, being bounded and described as follows: Beginning at a point on the south line of the Northeast Quarter of said Section 30, said point being 692.97 feet east of the southwest corner of the Northeast Quarter of said Section 30; thence South 89E00'47" East, along said south line, 622.77 feet to a point on the west line of Hills of Walden 5th Plat, a subdivision of land in Kansas City, Platte County, Missouri, according to the recorded plat thereof, being also the northeast corner of the West One-Half of the Southeast Quarter of said Section 30; thence South 0E29'23" West, along the east line of the West One-Half of said Southeast Quarter, 2480.07 feet; thence North 89E14'30" West, 145.00 feet; thence South 0E29'23" West, 284.40 feet to a point on the northerly right of way line of N.W. 56th Street, as now established; thence along the meanderings of said right of way line, North 63E53'58" West, 100.01 feet; thence westerly, on a curve to the left, tangent to the last described course, having a radius of 258.37 feet, an arc distance of 90.00 feet; thence North 83E51'28" West, tangent to the last described curve, 91.82 feet; thence southwesterly on a curve to the left, tangent to the last described course, having a radius of 130.78 feet, an arc distance of 63.42 feet; thence South 68E21'32" West, tangent to the last described curve, 174.07 feet; thence westerly on a curve to the right, tangent to the last described course, having a radius of 193.18 feet, an arc distance of 90.50 feet; thence North 84E47'58" West, tangent to the last described curve, 135.47 feet; thence westerly on a curve to the left, tangent to the last described course, having a radius of 916.50 feet, an are distance of 141.12 feet to a point in an existing creek; thence along the meanderings of said creek North 16E35'07" East, 188.74 feet; thence North 85E26'30" East, 161.05 feet; thence North 17E38'50" West, 146.28 feet; thence North 32E02'10" East, 100.00 feet; thence North 12E13'50" East, 97.72 feet; thence North 54E38'06" East, 110.20 feet; thence South 32E55'10" East, 161.38 feet; thence North 31E17'50" East, 95.62 feet; thence North 73E13'00" East, 213.30 feet; thence North 18E52'00" West 96.00 feet; thence North 76E12'40" East, 96.00 feet; thence North 27E15'30" West, 123.55 feet; thence North 28E08'10" East, 82.68 feet; thence North 81E58'50" West, 98.70 feet; thence North 33E44'50" West, 231.78 feet; thence South 73E11'30" East, 197.45 feet; thence North 9E37'30" West, 240.74 feet; thence North 82E36'30" West, 209.01 feet; thence North 20E28'25" West, 167.73 feet; thence North 89E07'39" West, 676.78 feet to the southwest corner of the Northwest Quarter of the Southeast Quarter of said Section 30; thence North 89E14'12" West, 392.80 feet; thence North 0E25'46" East, 1315.27 feet to a point on the north line of the Southwest Quarter of said Section 30; thence North 89E13'21" West, along the north line of said Southwest Quarter, 913.39 feet to the southwest corner of the East One-Half of the Northwest Quarter of said Section 30; thence North 1E00'26" East, along the west line of the East One-Half of said Northwest Quarter, 1224.85 feet; thence South 89E03'08" East, 206.26 feet; thence South 87E40'59" East, 1050.30 feet; thence South 88E43'27" East, 60 feet; thence North 1E16'33" East, 141.81 feet; thence northerly and northeasterly, on a curve to the right, tangent to the last described course, having a radius of 250 feet, an arc distance of 298.62 feet; thence northeasterly, on a curve to the left, tangent to the last described curve, having a radius of 605 feet, an arc distance of 408.49 feet; thence North 31E01'42" East, tangent to the last described curve, 192.31 feet; thence northeasterly, on a curve to the right, tangent to the last described course, having a radius of 504.96 feet, an arc distance of 150.29 feet; thence North 48E04'51" East, tangent to the last described curve, 260.13 feet; thence North 41E55'09" West, 100.89 feet; thence northeasterly, on a curve to the left, having a radius of 203 feet, an arc distance of 124.72 feet to a point on the southerly right-of-way line of Missouri State Highway Route No. 45 (also known as N.W.. 64th Street) as now established; thence South 89E54'26" East, along the southerly right-of-way line of said Missouri State Highway Route No 45, 271.22 feet; thence South 29E00'43" West, 156.10 feet; thence South 37E00'43" West, 198.00 feet; thence South 35E30'43" West, 290.40 feet; thence South 4E30'43" West, 330.00 feet; thence South 9E29'17" East, 165.00 feet; thence South 36E30'43" West, 869.84 feet; thence South 45E29'17" East, 792.00 feet; thence South 39E42'53" West, 245.51 feet to the point of beginning. Containing 131.363 acres (5,722,172 square feet), more or less.

is hereby approved, subject to the following conditions:

1. That the developer cause the area to be platted and processed in accordance with Chapter 66, Code of Ordinances of the City of Kansas City, Missouri, as amended, commonly known as the Subdivision Regulations.

 

2. That the developer submit a storm drainage study to the City Engineers Office for approval when the first final plat is submitted and that the developer make any improvements as required by the City Engineers Office.

 

3. That the developer submit plans for grading and siltation and erosion control to the City Engineers Office for approval prior to beginning any construction activities.

 

4. That the developer secure a land disturbance permit from the Department of Public Works prior to beginning any construction, grading, clearing or grubbing activities, if the disturbed area exceeds one acre.

 

5. That the developer secure a land disturbance permit from the Missouri Department of Natural Resources.

 

6. That the developer secure a floodplain certificate if any grading is to occur within a floodplain.

 

7. That the developer provide cross-access easements as required by the Department of Public Works.

 

8. That the developer extend water mains as required by the Water Services Department.

 

9. That the developer extend sanitary and/or storm sewers and determine adequacy as required by the Department of Public Works.

 

10. That the developer provide for fire protection and construct all-weather roads as required by the Fire Department prior to construction beyond foundations.

 

11. That the developer dedicate any additional right of way and make any improvements as required by the approved traffic study.

 

12. That the developer construct N. Cosby Avenue to the south line of Phase III with the Phase III developer as required by the Department of Public Works.

 

13. That the developer design and construct all public streets to City standards as required by the Department of Public Works, including construction of curb, gutter, storm sewers and sidewalks and installation of streetlights.

 

14. That the developer construct off-site cul-de-sacs as required by the Department of Public Works.

15. That the developer dedicate 50 feet of right of way from the centerline of the north side of N.W. 56th Street and widen the north half to primary arterial street standards as required by the Department of Public Works.

 

16. That the developer relocate streetlights and integrate them into the existing streetlight system as required by the City Engineers Office and the Missouri Department of Transportation along State frontages.

 

17. That the developer submit a street name signage plan for the entire development area to the Street Naming Committee for approval prior to submittal of the first final plat.

 

18. That the developer receive a permit from the Missouri Department of Transportation prior to working within any State right of way.

 

19. That the developer show the limits of the 100-year floodplain on the final plat.

 

20. That the developer submit covenants, conditions and restrictions to the Law Department for approval for the private open space with the final plat.

 

21. That the developer submit a street tree planting plan as part of the final plat with a copy to be submitted to the Department of City Development, secure the approval of the City Forester for street trees planted on right of way in front of residential lots, and plant the street trees in conformance with the plan approved by the City Forester. The plan shall include size, type, species and placement of trees.

 

22. That the developer submit a final plan to the City Plan Commission for approval prior to the issuance of a building permit. The site plan shall include information regarding property uses, setback distances, lighting (photometric plan), landscaping and architectural characteristics, berms, trees and plantings around and within the parking lots, show proposed pedestrian circulation and include elevation drawings of buildings and signage.

 

A copy of said amendment is on file in the office of the City Clerk under Document No. 030761, which is attached hereto and made a part hereof.

 

Section B. That the Council finds and declares that before taking any action on the proposed amendment hereinabove, all public notices and hearings required by the Zoning Ordinance have been given and had.

 

_____________________________________________

 

I hereby certify that as required by Chapter 80, Code of Ordinances, the foregoing ordinance was duly advertised and public hearings were held.

 

 

___________________________________

Secretary, City Plan Commission

 

Approved as to form and legality:

 

 

___________________________________

Assistant City Attorney